Gilbert v. Burnside

• Decision Date: 07 July 1967
• Citation: 20 N.Y.2d 737,283 N.Y.S.2d 100
• Parties: , 229 N.E.2d 697 Samuel GILBERT, et al., Appellants, v. Frank BURNSIDE, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 100

283 N.Y.S.2d 100

20 N.Y.2d 737, 229 N.E.2d 697

Samuel GILBERT, et al., Appellants, v. Frank BURNSIDE, et al., Respondents.

Court of Appeals of New York.

July 7, 1967.

Appeal from Supreme Court, Appellate Division, Second Department.

Plaintiffs made a motion in the Appellate Division (1) to vacate an order of the Appellate Division, entered June 12, 1961, (a) reversing, on the law and the facts, so much of a judgment of the Supreme Court, entered in Kings County on a decision on a trial at Special Term, A. David Benjamin, J., as directed that plaintiffs recover a specified sum from individual defendants and (b) dismissing the complaint, and (2) to vacate the judgment, entered June 23, 1961 on order of June 12, 1961, 13 A.D.2d 982, 216 N.Y.S.2d 430, affirmed, 11 N.Y.2d 960, 229 N.Y.S.2d 10, 183 N.E.2d 325, and (3) to enter an order affirming the judgment of the Special Term.

The Appellate Division entered an order November 21, 1966 denying the motion of the plaintiffs.

The plaintiffs made a motion for leave to appeal.

Motion dismissed upon the ground that the order sought to be appealed from is not final within the meaning of the Constitution.